SSRN Home Search and Download Papers Browse Abstract and Paper Submission Subscribe to Networks View Briefcase Top Papers Top Authors Top Institutions

 

Abstract

 
 

Citations (1)

Beta

 
 

Footnotes (66)

Beta

 


 


Download | Share | Email | Add to Briefcase | Buy Hard Copy

Customary Independence

Charles G. Geyh
Indiana University School of Law-Bloomington



Charles Gardner Geyh, JUDICIAL INDEPENDENCE AT THE CROSS-ROADS, Sage Press, 2002

Abstract:     
This piece argues that a significant gap in our understanding of judicial independence is attributable to a failure to analyze judicial independence with reference to the sources of that independence. The prevailing, though often unstated assumption is that the judiciary's independence derives largely from the text of the Constitution and court-generated doctrine, which in reality have little to say about the contours of the judiciary's autonomy. In contrast, Constitutional customs or norms that Congress employs in deciding whether and how to regulate the third branch exert far more influence over the judiciary's actual autonomy, but have been largely unstudied. The author proposes a research agenda to explore customary independence more fully, and illustrates the utility of exploring customary independence through the example of court-packing, which court doctrine has left largely untouched, but which Congress has rejected as a matter of norm or custom.

Keywords: Judges, Judicial independence, Judicial accountability, Judicial history, Court-packing, Judicial criticism

Accepted Paper Series

Date posted: December 05, 2006 ; Last revised: April 16, 2007

Suggested Citation

Geyh, Charles G., Customary Independence. Charles Gardner Geyh, JUDICIAL INDEPENDENCE AT THE CROSS-ROADS, Sage Press, 2002. Available at SSRN: http://ssrn.com/abstract=934789


Export to: Export Citation What's this?

Contact Information

Charles G. Geyh (Contact Author)
Indiana University School of Law-Bloomington ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
Feedback to SSRN (Beta)


Paper statistics
Abstract Views: 149
Downloads: 27
Citations: 1
Footnotes: 66

© 2009 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use  Privacy Policy
This page was served by apollo4 in 0.109 seconds.